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act on Barr's behalf and to bind Barr and shall be available at reasonable times during the term of the Work Order to coordinate provision of the Services, answer City's questions, and respond to City's concerns. Barr may change the Barr Representative on any Work Order upon written notice to City. 4.8 Subject to its duties arising under Paragraph 4.2, except with respect to the work of subcontractors retained by Barr, Barr shall not, as a part of the Services or in connection with visits to and observations at a work site, supervise, direct, stop, or otherwise control the work of others. Barr has no authority over, and no responsibility for, the means, methods, techniques, sequences, or procedures selected by others, or for safety precautions and programs incident to the work of others, or for any failure of others to comply with laws, rules, regulations, ordinances, codes, orders, or client safety rules applicable to furnishing and performing work related to, or in connection with, the Services. Accordingly, Barr does not guarantee the performance of others and has no responsibility for the failure of any person or entity, other than its own employees and subcontractors, to furnish or perform work in accordance with any documents, plans, or specifications. Barr shall promptly report material defects in the work of others that Barr in fact observes. Barr shall not be required to attest to the quality of the work of others that it has not in fact observed. Section 5: City's Obligations 5.1 City shall promptly provide and fully disclose to Barr all information in its possession or known to it from time to time that is pertinent to the Services to be performed by Barr under a Work Order, including but not be limited to budgeting and scheduling requirements or limitations and City's preferred procurement approach, if any. City shall provide to Barr prompt updates regarding any changes to any of the foregoing. Barr shall be entitled to rely on such information and to use the same in performing Services under a Work Order. City shall assist Barr, as reasonably required, in securing any other information Barr deems necessary for providing Services under a Work Order. 5.2 If no other provision is made for it in a Work Order, City shall provide access to property, including public property and property owned by third Parties, as required for Barr to provide the Services required by a Work Order. 5.3 City shall promptly notify Barr whenever City becomes aware of any development that affects the scope or timing of Barr's performance of Services under a Work Order or any defect in, or nonconformance of, any Services provided under a Work Order. 5.4 City shall designate a "City Representative" in each Work Order to coordinate provision of the Services with Barr or Barr's Representative on each Work Order. The City Representative shall be authorized as permitted by law to act on City's behalf and to bind City as to matters that do not alter the price or time of the work and shall be available at reasonable times during the term of the Work Order to coordinate provision of the Services, answer Barr's questions, and respond to Barr's concerns. City may change the City Representative upon written notice to Barr. Only the City Council has the legal authority to agree to a change in the price or time of the work. The City Representative shall be designated in the Work Order. P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 4